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Infrastructure committee approves waiver of special-assessment penalties for three Lawrence Bay parcels
Summary
The committee approved an ordinance directing the county to waive statutory penalties on special assessments for three parcels owned by Marnie LLC, conditioned on full payment of past-due taxes and special assessments; fiscal amounts were not provided at the meeting.
The City of Topeka Infrastructure Committee on Aug. 19 approved an ordinance directing the county to waive statutory penalties on special assessments for three parcels owned by Marnie LLC in the Lawrence Bay subdivision, conditioned on full payment of past-due property taxes and past-due special assessments.
The measure, approved by a 3-0 vote, aims to clear penalties that are set by state law so the properties can return to productive use while ensuring the city receives its owed taxes and special-assessment principal.
City Attorney Stanley said, "The penalties on specials are provided in state law" and explained those penalty amounts "are never seen by the city of Topeka" because the penalties go into county accounts. Stanley added the county does not have authority to waive the penalty absent a city ordinance directing the county to do so.
Committee members and staff clarified the ordinance would not forgive owed taxes or the principal of the special assessments; the waiver applies only to the penalties. Bradson, the staff presenter, confirmed the action applies to three parcels in Lawrence Bay owned by Marnie LLC and said the committee could be provided the fiscal numbers. Deputy City Manager Copley was asked to supply the detailed fiscal note after the meeting; the exact amounts of back taxes, past-due special assessments and penalty totals were not stated on the record.
Council members also confirmed the county was aware of the proposal and was included in discussions led by former director Friedman and the developer. City staff said these parcels are not currently scheduled for tax sale.
The ordinance was moved, seconded and approved 3-0. No amendments were proposed at the meeting; the waiver was explicitly conditioned on full payment of the outstanding taxes and special-assessment principal.
The committee did not provide a dollar figure at the meeting; staff committed to returning the fiscal note with the exact totals for back taxes, special assessments and the penalties.
Outcome: ordinance approved by committee (motion passed 3-0).
